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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On December 29, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court on the grounds of the violation of the Road Traffic Act.
【Criminal Facts】
On December 22, 2019, the Defendant was under the influence of 05:41 on blood alcohol concentration of 0.104%, and driven approximately 5 meters prior to “D” road in Gwangju Mine-gu C.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Previous conviction: Application of Acts and subordinate statutes of a summary order;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.